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UNITED STATES v. TOBIN

No. 77-5129.

576 F.2d 687 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Michael TOBIN, Ralph Reda, Dorothy Morse, a/k/a Dottie, and Marsha Morse, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 17, 1978.

Attorney(s) appearing for the Case

Stephen M. Zukoff, Miami, Fla. (Court-appointed), for defendant-appellant Tobin.

Theodore J. Sakowitz, Federal Public Defender, David K. Kelley, Jr., Asst. Federal Public Defender, Miami, Fla., for defendant-appellant Reda.

Richard M. Gale, Miami, Fla. (Court-appointed), Dottie Morse, pro se, Marsha Morse, pro se, for defendants-appellants Morse.

J. V. Eskenazi, U. S. Atty., Michael P. Sullivan, Charles O. Farrar, Jr., Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before WISDOM, TJOFLAT and VANCE, Circuit Judges.

WISDOM, Circuit Judge:

Michael Tobin, Ralph Reda, Dorothy Morse, and Marsha Morse thought that they were selling two stolen bronze statues to a shady art dealer. They did not know their "customer" was an FBI agent. At the time they negotiated the sale, neither they nor their "customer" realized that the more expensive statue they were selling was a fake. After a jury heard these and other facts, it convicted Tobin and the Morses of conspiracy to receive, conceal,...

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